On constitutional limits of punishment. Commentary on Judgement no. 867/2021 of the Portuguese Constitutional Court

Authors

  • Juan Antonio García Amado University of León, Spain

Keywords:

Criminal Interest; Criminal Legality; Proportionality; Dignity; Constitutional Interpretation

Abstract

Article 18 of the Portuguese Constitution enshrines the so-called principle of criminal law related to the legal interest. In Judgement No. 867/2021, the Constitutional Court engages in a certain rhetorical use of balancing and the proportionality test. However, what it truly conducts is a technically sound analysis of the existence or absence of a protected legal interest in criminal law under Article 387, paragraphs 1 and 2, of the Penal Code.

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Published

10-11-2023

Issue

Vol. 10 No. 2 (2023): Celebrating the 40th anniversary of the Constitutional Court

Section

Thematic Issue

License

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Creative Commons License

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